THIRD PREFERENCE (EB-3)

Requires a bachelor degree or equivalent or a position which requires at least two years of education/training

LABOR CERTIFICATION (PERM) – This is the first step in a three-step process for obtaining most employment-based green cards. The current process is called PERM, and requires the employer to advertise the position and go through recruitment. Cases are filed online, if the employer is able to register with the U.S. Dept. of Labor. PERM cases normally take three months to prepare for filing. Once the labor certification is approved, the company files an I-140 (immigrant visa petition) on behalf of the worker. The final step is the I-485, which only can be filed once the worker’s priority date is current. A person’s priority date is set by the date that his or her labor certification was filed. At the I-485 stage, the worker can ask for both EAD (work authorization) as well as Advance Parole (travel document).

SCHEDULE A — This process is available to nurses and physical therapists, allowing them to bypass labor certification. It’s a two-step process starting with an I-140 and either an I-485 for someone who has maintained lawful status in the U.S., or consular processing at a U.S. consulate abroad. At the first phase, nurses must show that they are licensed in the state of employment or have passed either the CGFNS predicting exam or the NCLEX. Physical therapists must either have a state license or obtain a letter from the state’s Board of Licensing showing that they are eligible to take the licensing exam for obtaining an I-140 approval. At the consulate interview or prior to I-485 approval, the nurse or physical therapist must be able to provide the Visa Screen certificate, showing that they have passed the TOEFL, TSE and TWE. Please note that we have had success filing Schedule As in EB-3 for physical therapists if they have a master’s degree or a bachelor’s degree followed by at least five-year’s experience.

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